# In the matter of AIr India Ltd. (IB)-298-ND-2018

> NCLT judgment dated 2019-01-24. Citation: TCN-2019-NCLT-05177. The case involves an application under Section 9 of the IBC Code, 2016, filed by M/s Captain…

- **Court:** NCLT
- **Order date:** 24 Jan 2019
- **Citation:** TCN-2019-NCLT-05177
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/air-india-ltd-ib-298-nd-2018-d13da07c

## Summary

### Background

The case involves an application under Section 9 of the IBC Code, 2016, filed by M/s Captain Subodh Kumar Verma against M/s Air India Ltd. The applicant's claim was also the subject of a writ petition pending before the Hon'ble High Court of Karnataka. The present application was filed before the NCLT, New Delhi.

## Facts

M/s Captain Subodh Kumar Verma filed an application under Section 9 of the IBC Code, 2016, against M/s Air India Ltd. A writ petition concerning the same claim was pending before the Hon'ble High Court of Karnataka. The applicant gave up the claim in the writ petition. The Supreme Court is seized of all issues of employees of Air India Limited and their respective entitlements. The NCLT considered the applicant giving up the claim in the writ petition and the Supreme Court's involvement in the broader issues related to Air India's employees.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the IBC Code, 2016, survives when the applicant has …

**Ratio:** When a claim forming the basis of an application under Section 9 of the IBC Code is given

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**Reasoning:** The NCLT reasoned that since the applicant had given up the claim in the writ petition

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**Interpretation:** This case interprets the interplay between proceedings before different courts

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**Application:** In this specific case, the applicant's claim was also the subject of a writ

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## Parties

- **Judges:** DEEPTI M…
- **Appellants:** M/s Captain…
- **Respondents:** M/s. AIR India…

## Timeline

- **2018-01-01 — Case Fil…**: Application filed under Section 9 of IBC Code,…
- **2019-01-24 — Order Del…**: Order delivered by NCLT,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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